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Zabib v. Schulte

SUPREME COURT OF THE STATE OF NEVADA
Feb 16, 2021
No. 80174 (Nev. Feb. 16, 2021)

Opinion

No. 80174

02-16-2021

ELI ZABIB, AN INDIVIDUAL, Appellant, v. MELANI SCHULTE, AN INDIVIDUAL; THRIVE PROPERTY MANAGEMENT & INVESTMENTS, INC., A NEVADA CORPORATION; AND KE ALOHA HOLDINGS, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondents.


ORDER OF AFFIRMANCE

This is a pro se appeal from an order denying a motion to set aside a default judgment and denying a first claim of exemption. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, Judge.

Pursuant to NRAP 34(f)(3), we have determined that oral argument is not warranted in this appeal.

Appellant failed to file an answer to the underlying complaint and default judgments were entered against him. A year after the judgments were entered, he filed a motion to set aside the default, which was denied. On appeal, he fails to present any argument as to how the district court abused its discretion in denying the motion to set aside the default. See Cook v. Cook, 112 Nev. 179, 181-82, 912 P.2d 264, 265 (1996) (providing that this court will not overturn a district court's denial of a motion to set aside a judgment absent an abuse of discretion). He also fails to present any argument regarding the district court's denial of his claim of exemption. Absent any cogent argument, we need not consider appellant's claims. Edwards v. Emperor's Garden Rest., 122 Nev. 317, 330 n. 38, 130 P.3d 1280, 1288 n. 38 (2006) (explaining that this court need not consider claims that are not cogently argued). Accordingly, we

To the extent appellant challenges the underlying merits of the judgments, because he did not timely appeal the judgments, we cannot consider those arguments. See Holiday Inn Downtown v. Barnett, 103 Nev. 60, 63, 732 P.2d 1376, 1379 (1987) (explaining that this court lacks jurisdiction to consider challenges raised regarding an order from which the party did not timely appeal).

ORDER the judgment of the district court AFFIRMED.

/s/_________, J.

Cadish

/s/_________, J.

Pickering

/s/_________, J.

Herndon cc: Hon. Elizabeth Goff Gonzalez, District Judge

Eli Zabib

Law Office of Amberlea Davis

Eighth District Court Clerk


Summaries of

Zabib v. Schulte

SUPREME COURT OF THE STATE OF NEVADA
Feb 16, 2021
No. 80174 (Nev. Feb. 16, 2021)
Case details for

Zabib v. Schulte

Case Details

Full title:ELI ZABIB, AN INDIVIDUAL, Appellant, v. MELANI SCHULTE, AN INDIVIDUAL…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Feb 16, 2021

Citations

No. 80174 (Nev. Feb. 16, 2021)